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over payment of carers allowance


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A word of advice for anyone going through this if you know you have not intentionally done anything wrong be prepared to fight. Get advice from the CAB and make sure you get a solicitor who knows about benefits. Also don't settle for the first solicitor find one you have confidence in. I was declined legal aid but felt so strongly that I was going to get myself into serious debt to fund my defence. The tribunal judge decided the amount to be repaid was under half of what they were claiming I owed and also wrote a report stating that it was clear there was no criminal intent and after reading through the case he was surprised that I was being prosecuted.

However the DWP continued to press ahead right up until the trial date when they turned up and offered no evidence so the case was dismissed. It was very frustrating as each time we went to court not only was it adjourned pending the tribunal but it was also clear that the prosecution had not reviewed the case properly. My solicitor repeatledy asked for them to review the case but I was oviously just another one in the pile. Even at the trial the prosecutor (who I must say was very nice) had no idea of what was going on and had to make a few frantic phone calls, he than told us they were dropping the case.

 

Sadly this has cost the tax payer thousands, you have to laugh at the irony. The tax I pay has gone towards trying to prosecute me and now my solicitors fees are going to be reimbused in the same way, by the tax payer (of which I am one).

 

As much as this was a great relief, it was also very frustrating as the amount of money wasted pursuing this when I had so much evidence to support my case. I was not trying to defraud anyone. I had made a mistake and am devastated at doing so. Luckily I had kept all the paperwork to prove this.

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